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Watermark <br />Grading and Trunk Utility Agreement <br />June 11, 2018 <br /> page 5 <br />ii. City Engineering <br />b. If the above escrow amounts are insufficient, the Developer shall make such <br />additional deposits as required by the City. The City shall have a right to <br />reimburse itself from the Escrow upon notice to the Developer, with suitable <br />documentation supporting the charges. <br />15. Special Provisions. <br />i. At the time of this Grading Agreement the construction plans submitted for <br />grading include surface water management features that are part of the master <br />development plan / preliminary plat. The surface water management plan for <br />the development is not currently approved. If the grades need to change due to <br />overall plan changes or final plat changes it will be the sole responsibility of the <br />Developer to re-grade the site at its own cost. <br />ii. Grading of this site will impede Anoka County Ditch (ACD) 55. The ditch is <br />planned to be re-routed along the east and south boarder of the site. This work <br />is permitted by RCWD. The Developer shall have RCWD approval, and ACD 55 <br />re-route construction completed prior to disconnection of the existing alignment <br />of ACD 55. <br />iii. The Comprehensive Surface Water Management Plan (CSMP) for the North East <br />Drainage Area includes the grading area. The CSMP identifies a pipe system <br />within the grading limits. The Developer shall install the section of storm sewer <br />pipe under the berm identified in the CSMP. <br />iv. Developer shall provide a temporary drainage and utility easement, in a form <br />acceptable to the City, for Trunk Sanitary Sewer, Watermain and Storm Sewer. <br />The temporary easement shall be in effect until a final plat is approved over said <br />easement area. The easement shall be provided, and approved, prior to any <br />work being started on the site. <br />v. Developer shall obtain temporary easements, in a form acceptable to the City, <br />from Mattamy Minneapolis, LLC, d/b/a Mattamy Homes, for all grading activity <br />undertaken for Developer’s Phase I grading on Mattamy’s property. No grading <br />activity on Mattamy’s property shall occur prior to approval of the easements by <br />the City and execution by Mattamy and Developer. <br />vi. If Developer constructs a temporary surface water drainage ditch on Mattamy’s <br />property as part of the Phase I grading, consistent with the easement <br />requirements set forth above, removal of said ditch shall be required as part of <br />the development of the 3rd Addition. Developer is solely responsible for <br />maintenance of all temporary surface water drainage systems and shall defend